Patna High Court
Vijay ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail must be granted to the petitioners subject to the stipulated conditions.
Summary
Anuj Kumar and Arvind Kumar were arrested in connection with a case under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act for allegedly manufacturing and selling illicit country-made liquor. The prosecution claimed a raid recovered 145 litres of mahua liquor and gas cylinders from the house of petitioner No.1, a joint residence. The petitioners contended that the recovery was vague, there was no independent witness to the seizure, and that petitioner No.2 was merely a visiting cousin with a clean record, while petitioner No.1 had prior cases. The court considered the nature of the recovery, the length of custody since 31‑12‑2025, and the lack of corroborative evidence, and decided to grant bail. Bail was ordered on a bond of Rs.10,000 each with two sureties, subject to conditions under Section 480(3) of BNSS and additional safeguards.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act in view of the alleged seizure and the period of custody.
Legislation cited
- BNSS — s. 480(3)
Subjects
- bail
- illicit liquor
- prohibition act
- excise
- seizure
- custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10555 of 2026
Arising Out of PS. Case No.-385 Year-2025 Thana- HASPURA District- Aurangabad
======================================================
1. Anuj Kumar, S/o Late Bhuneshwar Chaudhary, R/o Village - Dhusri, P.S -
Haspura, District - Aurangabad
2. Arvind Kumar, S/o Murari Chaudhari, R/o Village - Ramanpur, P.S -
Tankuppa, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aman Vishal, Advocate
For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. In the present case, the petitioners seek bail in
connection with Haspura P.S. Case No. 385 of 2025, registered
for the offences under Sections 30 (a)/30(c) of Bihar Prohibition
and Excise Act.
3. As per prosecution case, police received
information about the petitioners manufacturing and selling
illicit country made liquor from the house of petitioner no.1. A
raid was conducted and both the petitioners were apprehended.
From the search of house of the petitioner no.1, recovery of 145
litres of country made mahua liquor was made apart from two
Patna High Court CR. MISC. No.10555 of 2026(2) dt.17-02-2026
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gas cylinders.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. The recovery shown from the petitioners is suspect. The
recovery has been shown in vague term in the house of the
petitioner no.1. Moreover, it is a joint house of petitioner no.1.
On the other hand, the petitioner no. 2 is cousin of petitioner
no.1, who had been visiting the petitioner no.1 on the fateful day
and was implicated in the present case. There is no independent
witness to the search and seizure. The petitioner no. 2 is having
clean antecedent, whereas the petitioner no.1 is having
antecedent of two cases. The petitioners are in custody since
31.12.2025.
5. Learned A.P.P. vehemently opposes the submission
made on behalf of the petitioners.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
nature of recovery and the period of custody of the petitioners,
they are directed to be released on bail, on furnishing bail bonds
of Rs.10,000/- (Rupees Ten Thousand Only) each with two
sureties of the like amount each to the satisfaction of learned
Special Judge, Excise Court No.2, Aurangabad/concerned court,
Patna High Court CR. MISC. No.10555 of 2026(2) dt.17-02-2026
3/3
in connection with Haspura P.S. Case No. 385/2025, subject to
the conditions mentioned in Section 480 (3) of BNSS and also
the following conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present on
each and every date fixed by the below, if
so required by the learned trial court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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